Sleep apnea decisions — 2016

The Board finds that the Veteran's sleep apnea was not incurred in or aggravated by active service, as there is no evidence linking his current diagnosis to his military service.

The Veteran's appeal for an initial compensable rating for left knee disability has been withdrawn. The remaining issues of increased ratings for hepatitis C, sinusitis, and degenerative disc disease of the lumbosacral spine are being remanded.

The Veteran's claims for clothing allowance for back brace and left knee brace in 2014 and 2015 were denied as the braces are not of a type that tends to wear or tear clothing, and thus do not qualify for a clothing allowance.

The Board has determined that the Veteran's obstructive sleep apnea had its clinical onset during service and continues to persist, granting service connection for this condition.

The Board has remanded the case for further development due to inadequate medical opinions regarding the etiology of the Veteran's claimed back and foot disabilities.

The Board has remanded the case due to the need for a new VA examination and additional information, including whether the Veteran's symptoms related to his service-connected lumbosacral strain can be distinguished from those of his degenerative joint disease.

The Board has determined that the Veteran's obstructive sleep apnea was not present in service and is unrelated to his service-connected disabilities, including as due to medications. Therefore, service connection for obstructive sleep apnea cannot be established.

The Board found no evidence linking the Veteran's current sleep apnea or cervical spine disability to his service, and determined that any current disabilities are not related to his service-connected right shoulder disability. As a result, the claims for these conditions were denied.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his lumbar spine disability and an evaluation of whether he is unemployable due to service-connected disabilities.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. His claims for service connection are still pending.

The Board has determined that the Veteran's prostate cancer and sleep apnea were not incurred or aggravated during his military service, and therefore denied these claims.

The Board has remanded the case to the RO for a new examination to determine the current severity of the Veteran's service-connected lumbosacral strain, with particular attention to how flare-ups affect his range of motion and ability to function.

The Board has remanded the case due to inadequate development of evidence for sleep apnea and diabetes mellitus claims.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds no evidence to warrant a higher rating.

The Veteran's claims for bilateral carpal tunnel syndrome and sleep apnea are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a Travel Board hearing.

The Board denied the Veteran's claims for service connection and earlier effective date, finding no evidence of a current disability in most cases or no causal link to service.

The Veteran's lumbosacral strain was rated at 20 percent prior to October 3, 2007 and increased to 40 percent thereafter. Separate ratings of 10 percent were assigned for radiculopathy in the right and left lower extremities.

The Board has determined that the Veteran's sleep apnea began during his active military service and has continued since then, granting service connection for this condition. The issue of a separate rating for radiculopathy secondary to service-connected degenerative disk disease of the lumbar spine is addressed in the REMAND portion.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with radiculopathy was denied, as the evidence did not show that he met the criteria for a higher rating prior to July 24, 2008. As of July 24, 2008, the Veteran's condition warranted a 20% disability rating.

The Board denied the Veteran's claims for service connection for various conditions, including respiratory disorder, vision disorder, back disability, sarcoidosis manifestations, heart disorder, diabetes mellitus, autoimmune disease, sleep apnea, black outs, and bilateral hearing loss. The evidence did not meet the criteria for direct service connection.